Amarjit Kumar @ Amarjit Kumar Sharma @ Amarjit Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.47375 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47375 of 2017 Arising Out of PS.Case No. -283 Year- 2017 Thana -BHAGWAN BAZAR District- SARAN ======================================================

1. Amarjit Kumar @ Amarjit Kumar Sharma @ Amarjit Sharma, Son of Brij Bihari Sharma, Resident of Village- Bara Karinga, P.S.- Chapra Muffasil, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bhagwan Bazar P.S.Case No.283 of 2017 registered for offences punishable under Sections 413, 414 and Section 37of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner as per FIR is that the police intercepted the motorcycle and the petitioner was arrested at the spot and he was found in drunken condition, further allegation is that three master keys were also recovered from his possession. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. Nothing has been recovered from his possession and there is no material to show that the motorcycle was stolen one and further the petitioner

Patna High Court Cr.Misc. No.47375 of 2017 (2) dt.12-10-2017 is in custody for two months as well as the he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional District and Sessions Jduge, Saran at Chapra in connection with Bhagwan Bazar P.S.Case No.283 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

(iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

chn/- (Vinod Kumar Sinha, J) U T